ML20032C257
| ML20032C257 | |
| Person / Time | |
|---|---|
| Site: | Armed Forces Radiobiology Research Institute |
| Issue date: | 10/31/1981 |
| From: | Entwisle E CITIZENS FOR NUCLEAR REACTOR SAFETY, INC., ENTWISLE, E.B. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8111090559 | |
| Download: ML20032C257 (5) | |
Text
D DOLMETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g.,3 pQ BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 0FFICE OF SECRETAR.-
DOCMETiNG & SERV!CE BRANCH In the Matter of
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)
ARMED FORCES RADI0 BIOLOGY
)
Docket No. 50-170 RESEARCH' INSTITUTE
)
)
(Renewal of Fa
'1 ty A
(TRIGA-Type Reactor)
)
License No 4
(W!If S
Ot. b j ! v h MOTION TO ENLARGE DISCOVERY PERIOD '
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AND RESTRICT SCOPE
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'h / JyrX ty Now comes the Intervenor in the above-captioned matter -and, pursuant to 10 C.F.R.
92.730, moves the Board to enlarge the period of discovery.
In support of its motion the Intervenor avers the following:
1.
The schedule for discovery, established by the Board in its Memorandum and Order dated August 31, 1981, sets November 19, 1981 as th'e final day for filing interrogatories and December.9, 1981 as the final day for filing answers to interrogatories.
2.
At the cial pre-hearing conference on May 1, 1981, from which the aforementioned Memorandum and Order and discovery schedule issued, counsel for NRC Staff indicated that one of its principal licensing documents, the Environmental Impact Appraisal (EIA), would be completed by the end of August 1981 (Tr. p. 75).
Subsequent to the establishment of the discovery schedule, the
$63 NRC Staff counsel indicated, in a letter to the Board dated j
October 14, 1995 its two principal licensing documents, f
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r The Licensee's Interrogatories in particular require much expert time and attention, as they are thirty-nine pages in length.
(c) the Intervenor's experts who are answering the aforementioned Interrogatories (a list of whom accompanies this Motion) are located in three different cities.
Con-sultation and communication among these experts is neces-sarily slower than it would be if they were all in one city.
Unlike the Licensee and Staff, the Intervenor does not have abundant resources at its disposal and must rely on the U.S. mail for most of its communication among the experts.
Also in contrast to the other parties, much of the work of the Intervenor is done outside the framework of the 40-hour compensated work-week.
These realities preclude the Intervenor from functioning as quickly and efficiently as the other parties to this action.
The dis-parity in resources of the respective parties does not go to the merits of the public safety and health issues before this Board, however, nor in fairness should it be ignored or allowed to govern the substantive outcome of the case.
WHEREFORE the Intervenor respectfully prays that the Board:
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issue an order enlarging the period of discovery, to allow the Intervenor 30 days from the date of the Board's order to answer the first set of Interrogatories, and to postpone the commencement of the first round of Interroga-tories with respect to the Staff's SER and EIA until the day those documents are issued.
2.
issue an order restricting the scope of discovery to the contentions that the Board has ruled admissible.
- 3. grant such other and further relief as the Board deems just and proper.
Respectfully submitted, j
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Dated at Washington, D.C.
(
this 31st day of October, 1981 Elizabeth B.
Entwisle Counsel for Intervenor 4 -
e LIST OF INTERVENOR'S EXPERTS ANSWERING INTERROGATORIES 1.
Earl A. Gulbransen, Ph.D., M.E.
Research Professor Department of Metallurgical and Materials Engineering University of Pittsburgh, Pennsylvania 2.
Michio Kaku Associate Professor of Theoretical Physics Physics Department City University of New York 3.
Leonard Solin, Ph.D.
Division of Radiological Safety
.New}'orkCityDepartmentofHealth 4.
Daniel Pissello, Ph.D.
Department of Natural Sciences Fordham University, New York 5.
Earnes t J.
Sternglass, Ph.D.
Professor of Radiological Science University of Pittsburgh, Pennsylvania 6
Irving Stillman, Ph.D.
Leo Goodman, Historian Washington, D.C.
s CC M TE*
UNITED STATES OF AMERICA M
NUCLEAR DEGULATCRY COMMISSIUN BEFORE THE ATOMIC S!.FETY AND LICENSING BOARD St M -3 P 3 :01 M
In thc Matter of
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0FFICE UT SECREi!.
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DOCKET:NG & EFML ARMED FORCES RADI0 BIOLOGY
)
Docket No. 50-170 BRAT:CH RESEARCH INSTITUTE
)
)
(Renewal of Facility (TRIGA-TYPE Reactor)
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License Nc..
R-84)
CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion to Enlarge Dis-covery Period and Restrict Scope and List of Intervenor's Experts Answering Interrogatories were served on the following by deposit-
' g in the United States Mail, first class, this 2nd day of November 1981:
Louis J. Carter, Esq., Chairman Mr. Richard G.
Bachmann, Esq.
Administrative Judge Counsel for NRC Staff Atomic Safety and Licensing Board Office of the Executive Legal 23 Wiltshire Road Director Philadelphia, PA 19151 U.S. Nuclear Regulature Commission Washington, D.C.
20535 Mr. Ernest E.
Hill Administrative Judge Mr. Stuart A. Treby, Esq.
Lawrence Livermore Laboratory Assistant Chief Hearing Counsel University of California for NRC Staff P.O.
Box SOS, L-123 Office of the Executive Legal Livermore, CA 94550 Director U.S.
Nuclear Regulatory Commission Mr. David R. Schin!
Washington, D.C.
.0555 Administrative Judge Department of Oceanography Atomic Safety and Licensing Tcras A 6 M University Board Panel College Station, TX 77840 U.S.
Nuclear Regulatory Commission N shington, D.C.
20555 Docketi1g and Service Section Office of the Secretary Atomic Safety and Licensing U.S.
Nuclear Regulatr y Commission Appeal Panel Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission W shington, D.C.
20555 Mr. Robert L.
Brittigan, Esq.
General Counsel Defense Nuclear Agency Kasnington, D.C.
20305
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k Elizabeth B.
Entwisle Counsel for Intervenor